Boston Criminal Lawyer Blog

July 31, 2013

IT WILL BE A CRIMINAL APPEALS ATTORNEY WHO FIGHTS THE REAL FIGHT IN WHITEY BULGER’S MURDER/RACKETEERING MATTER

The James “Whitey” Bulger trial is a lesson on the importance of criminal appeal lawyers. They had better be experienced and talented to wade through the legal issues in this case. I believe it is in the Massachusetts appeals courts that the real legal battle will take place.

Not since former prosecutor Christopher Darden cried on camera complaining that the trial of O.J. Simpson was not going well has this Boston criminal lawyer seen such absolute absurdity by folks who are supposed to be grown up professionals used to handling matters of great import. You think I am raving? Let’s look at this story…because you should be angry too. After all, it puts you at risk in two different ways.

You are no doubt aware of the Bulger trial which has been going on for weeks at Boston’s federal court. Bulger is on trial for several murder as well as racketeering during the days during which he was the reputed “mob boss” in South Boston. From the time the government finally brought Bulger to “Justice”, it has seemed to me that the laws of criminal and court procedure have been up for debate at almost every turn. They have been attacked to a ridiculous extent by none other than the prosecution. Perhaps more shockingly, many of these prosecutorial requests have been granted by the judges who have touched this high profile potato.

July 29, 2013

LOWELL MEN ATTEMPT ARMED ROBBERY IN CONVENIENCE STORE WHILE MOTHER AND SIX-YEAR-OLD WAIT IN GETAWAY CAR

by Samuel Goldberg

Well, this Boston criminal lawyer believes that this Massachusetts robbery story can be placed in the column of “What Were They Thinking?”

Lowell gentlemen Brian Cunneen, 22, and John Hickey, 27, hereinafter the “Defendants”, are accused of attempting to rob a Manchester, New Hampshire, convenience store yesterday. According to authorities, the robbery did not go so well.

Too many interruptions.

July 17, 2013

TAUNTON MAN FACES MASSACHUSETTS SEX CRIMES CHARGES FOR FILMING “UPSKIRT” VIDEOS WITHOUT CONSENT

by Samuel Goldberg

You knew there were cases out there like this.

This Boston criminal lawyer spends a good deal of time online. Among my various cyber-travels, it has been impossible to ignore that the sex industry is alive and well and may well occupy the capital of cyber-space.

Of course, not all such behavior is considered “normal”. Further, not all of it is for profit. Sometimes, it is simply for what the Supreme Court once called “prurient interests”.

July 15, 2013

A BOSTON CRIMINAL LAWYER DISCUSSES SELF-DEFENSE, HOMICIDE AND THE ZIMMERMAN TRIAL

by Samuel Goldberg

The trial of George Zimmerman for homicide was a Florida case. As you know, I practice criminal law in the Commonwealth of Massachusetts. As we have discussed in the past, however, certain legal concepts are the same (except for some particular details) throughout the country.

The concepts of homicide and self-defense are two such concepts. So is the suggested reluctance to second-guess a jury by folks who were not present at the trial and simply rely upon media accounts to arrive at their own judgment. The killing of Trayvon Martin, of course, has resonated throughout the nation.

And now, so has the verdict.

July 12, 2013

“I AM ON MASSACHUSETTS PROBATION FOR AN ASSAULT CASE. HOW CAN I AVOID BEING SURRENDERED AND SENT TO JAIL?”

by Samuel Goldberg

As has been discussed many times in Attorney Sam’s Take, there are certain situations in the Commonwealth’s criminal justice system wherein one does not enjoy all the rights regularly given, or at least promised, to a criminal defendant. An example of such a situation is when you are on Massachusetts probation.

There are various instances in which a criminal defendant is on probation. Many people do not realize that, while a case is pending, and the defendant is released on bail or without bail, that defendant is on a sort of probation. That probationary status could even have special conditions which the defendant, still presumed innocent, has to adhere to lest he go to jail while the matter is pending.

Even in cases in which there are no special conditions, a criminal defendant is warned that should he be charged with another crime while released, he may be held for months in custody without any bail.

July 10, 2013

BOSTON LAW ENFORCEMENT CONDUCT CRIMINAL INVESTIGATIONS TO SOLVE FUTURE POTENTIAL CRIMES

by Samuel Goldberg

I’ll bet you thought the police had enough to do with solving Massachusetts crimes concerning violence, guns, drugs and the like. Sometimes, when conducting these criminal investigations, the police go undercover to ferret out the “bad guys”. They are out to solve crimes that actually take place.

At least, that is how this Boston criminal lawyer had always heard it to be. It turns out I was wrong.

It turns out that law enforcement must have more time, energy and resources on their hands than I thought they did.

July 3, 2013

RECORDED CONVERSATIONS BETWEEN “WHITEY” BULGER AND FAMILY MEMBERS ARE PLAYED FOR FEDERAL MULTIPLE MURDER MATTER JURY

by Samuel Goldberg

The debate is still raging about the deeds and fates of folks who revealed the secrets and procedures of government entities. Some say they revealed information that we already knew, i.e., that the government spies on us. Without taking a stand on that particular minefield, this Boston criminal lawyer brings you an interesting example about folks and recorded telephone calls.

As you know, James “Whitey” Bulger’s multiple Massachusetts murder and racketeering trial is currently playing at Boston’s federal courthouse. This week, the prosecution played some statements from Bulger which had been recorded.

“Was this a taped conversation between someone and him back in the proverbial ‘day’?”

July 1, 2013

WHEN KIDS DON’T KNOW THEY ARE BREAKING THE LAW – THE GROWING EPIDEMIC OF JUVENILE CYBER CRIMES

by Samuel Goldberg

The internet is still a relatively new and growing phenomenon. Adults struggle to keep up with the rapid, almost daily, changes it brings to our lives. Somehow, though, kids seem to be at the forefront of the new technology. And that can be a problem. A criminal-justice-type problem.

This Boston criminal lawyer has seen more than his fair share of cases evolve from juveniles making “stupid mistakes” online. Kids making mistakes in judgment is not new. However, law enforcement is not as forgiving as it once was.

The new most popular playground is the internet. Like many playgrounds, there are unseen dangers here. Kids, being kids, find all kinds of ways to get into danger in various play areas…and the internet is no difference.

June 25, 2013

DORCHESTER GRADUATION PARTY IS THE SCENE OF A TRIPLE MURDER

by Samuel Goldberg

It is graduation time. Graduations often mean graduation parties. Parties, sometimes, bring violence. In the case of one such Dorchester party, that violence ended up being the death of three individuals.

Witnesses to the triple Massachusetts murder remain in shock over the violence which ensued after uninvited guests crashed the graduation party.

“I was close enough I could’ve got shot…Everybody scattered from the back to the front”, described a woman who identified herself as the Intervale Street party’s hostess.

June 21, 2013

A BOSTON CRIMINAL LAWYER HAS A SUGGESTION FOR AARON HERNANDEZ DURING THE MASSACHUSETTS MURDER INVESTIGATION

by Samuel Goldberg

Yesterday, we discussed the Commonwealth’s latest high-profile murder matter. It is currently at the criminal investigation stage. Yesterday, a famous suspect seemed to be taking legal advice in this matter by a well-known firm…albeit not for criminal defense. Naturally, various folks were throwing in their two cents worth of advice.

Some of that advice was not worth that amount.

Things have worsened. According to CBS, an arrest warrant has been issued for Patriots tight end Aaron Hernandez. The charge, at least at this time, is not for murder. The source is of this news is said to be connected to law enforcement.